03 - Laserfiche WebLink

with the requirements of the Health and Safety Code Sections 17021.5 and 17021.6 related to farm-worker employee housing. The amendment to the zoning regulations would result in the following: • Housing of six or fewer agricultural employees in one dwelling would be considered a residential use and treated the same as a dwelling unit. • Housing of up to 36 agricultural employees in group quarters and up to 12 dwelling units would be considered the same use as commercial agriculture and permitted in the same way. Farm-workers are identified in the housing element as a population with special housing needs. In its evaluation of special needs housing, the housing element background report published in February, 2012, broadly describes housing issues for agricultural workers. It indicates that as a group they tend to have lower incomes, poorer health and live in substandard conditions. Because of the transient and seasonal nature of the work it is difficult to estimate their numbers. The Association of Bay Area Governments' Projections 2007 estimated 300 persons employed in agriculture and natural resources within Pleasanton's sphere of influence in 2005, and forecasted an estimated 310 persons in 2035. Although this is a relatively small population, in Alameda County there were about 6,631 harvested acres in 2007. Agricultural enterprises within Pleasanton are limited, as are the lands designated for agricultural use. However, there is an active grape-growing region to the southeast of the city. Sections 17021.5 and 17021.6 of the State Health and Safety Code (attached as Exhibit B.1 and B.2) are within the part of the code known as the Employee Housing Act. The act sets standards for the construction, maintenance, use, and occupancy of living quarters called "employee housing" as defined in Section 17008 of the Health and Safety Code (attached as Exhibit B.3). Employee housing includes but is not limited to farm-worker housing. The intent of these two sections is to broaden opportunities for employee housing, as follows: Section 17021.5 requires that any employee housing occupied by six or fewer employees shall be deemed a single family structure with a residential land use, and shall be treated the same as a single family dwelling of the same type in the same zone. Occupation of a single family dwelling by six or fewer employees shall not be considered a change of occupancy for the purpose of building codes. Section 17021.6 requires that employee housing consisting of no more than 36 beds in a group quarters, or 12 units or separate rooms or spaces (e.g. cabins without kitchens) designed for use by a single family or household, be deemed an agricultural land use, and that it be treated the same as any other agricultural activity in the same zone. This means that if an agricultural use, such as the raising of crops, is permitted by-right in a particular zone, then employee housing of no more that 36 beds in a group quarters, or 12 units, shall also be permitted by-right in that zone. Section 17021.6 also stipulates that the occupancy of such housing may include employees who do not work on the property where the employee housing is located. Case No. P12-1785 City of Pleasanton Planning Commission Page 2 of 7